Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-06-30


that is TO say, that some one has desisnedly
tempered with and changed the list, for the
purpose OF causing the expression 10 show on
its face that the place other than the choice Of
the majority of the legal electors has received
the highest number of votes for county seat
and thus illegally and fraudulently defeat the
will OF the people 1t does not mean that the
census taker, the legal custodian OF the BOOKS,
has no right TO make such changes as he
may see proper TO make in order TO ex-
press the will Of the people For instance
If the taker in recording the
vote OF an individual should misunderstood him
in giving his choice for county seat, and II
should be discovered that a mistake had been
made, and the voter should des ire that cor
rection be made, there is no doubt in the world
but what the census taker has the right 10
nuke the change to express the w1sk OF
the voter So also If the census taker, in
writing the name or age of q voter, or giving
the date OF his arrival in the county; when the
census was being taken, should make u mistake,
there is no reason why il could not be corrected
10 show the fact. In short, it is clear 10
my mind that the law intends that the evidence
should be presented to your Excellency show
ing if other than authorized persons. or the
legal custodian of the book, should Illegally or
fraudulently make entries in said Sook, by
adding names thereto, or changing the names
of some individuals who had voted, or make
any other material alterations, or If the census
taker should act fraudulently and corruptly
and change the name and expression OF the
voter, or add thereto names OF persons not en-
titled TO vote, with view OF perverting the ex-
preston OF the people: then, in that event, you
would not take the census returns, as turned in
by the census taker, as the definite expression
of the people.
I'm answer to your second proposition I will
say that am OF the opinion that the
taker may, upon the authority of the voter him
SELF change his expression for county seat up
on the face OF the original book where his choice
was first recorded at a time prior to the 1nA
close of his taking of the census in the county.
Your third proposition have answered in the
first. To your fourth proposition will say that
unless IL should appear 10 your EXcellency that
the changes made upon the face of the return OF
the original book by some other person than
the census taker, or made by the census taker
fraudulently and corruptly, or for fraudulent
and corrupt purposes, then 1t would not be suf-
fcient to overthrow the return made by the
census talxer.
I'm answer to your fifth proposition will.
say that if the census taker has proceeded to
take the census of an unorganized county and .
has fixed no date for the basis ofhis census, but
has continued TO take the census until he
fixes the date which he will close his books
and cease to take the census, then, in that
event, changes made by him, by request of legal
voters who have voted prior TO the day he has
fixed for closing his record would be legal: in
other words, if no day is fixed by the census
taker at the time he commences his work, The =
election is continuous until he closes the REQ
ord. Yours very respectfully,
as. b. BRADFORD, Attorney-Ceneral''
After full ana patient consideration OF all
of the census taker appointed for Stanton County
and of the returns made by him of the census {.
and the election for temporary county seat apd
of the law governing the organization of new
counties, am convinced that, while Mr. Cotters
man may be fairly charged with some errors OF
judgment, none of these were material and that
his duties were discharged with thorough dill
gence. impartiality and honesty, and with
sonable carefulness and skill
All contests over the location of county seat
are attended with extreme excitement and bit
terness and the defeated party invariably
charges the successful contestant with the gross
estirreguarities, fraud and corruption. These
charges are, in many instances honestly made
and firmly believed by those making them. But
the passions evoked by such contests are usu-
ally so intense that few of the parties engaged
rigidly scrupulous in the methods employed
to compass their ends, and il may be accepted
fact that both, or all, the contrasting points
exhaust all means, fair or unfair to secure
success.
In this case no person interested in Stanton
County, either directly or indirectly, recon-
mended Mr.. Cotterman's appointment as census
taker. nor did he apply for an appointment in
that county. He is a well known citizen or
Usage County, has occupied several positions of
trust and honor in that community, and enjoys
among his fellow-citiZens an excellent reputa-
ton for honesty and integrity. He made oath .
before entering upon the duties OF his position,
that he was not interested in Stanton County,
directly or indirectly, and would not become in
terested in said county during his official term.
His returns are made under oath, ana during i
prolonged and exciting contest concerning
them, heard before me in the presence OF at 4.
torneys representing both parties in interest,
his explanation of his report, OF the changes
made in it, and the reasons for such changes,
and his answers to all questions put to him,
were remarkably frank, full and convincing.
1t was evident that he had disposition 10
conceal any thing connected with his work, nor.
to deny such errors of judgment as he may
have made. nor TO shirk from the most rigid
scrutiny of all his official acts.
Supporting the census takers return OF the
election by the legal voters of Stanton County,
the schedules of personal property There
are on file in this office, 80 such schedules. On
SIS of these the preference Of the persons max
ing such returns is expressed on the location OF
the county seat, and 407 sworn to by the
voter. OF the returns sworn to 299 express a
preference for Johnson City, 104 for Eli and "a
for West Haven, and of those not sworn AZ ex-
press a preference for johnson City, 43 for Eli
and 3 for West Haven-making a total Of 341
for johnson City, 147 for Eli and q for West
Haven.
In view of all these facts presented to me,
am convinced that the returns made by the
census talxer should be accepted as the definite
expression of the legal voters OF Stanton County
for the location OF the temporary county seat
1 do not believe that the evidence challenging
the accuracy or integrity of this report Is suf~.
fcient to justify belief that it was either
"'tampered with and changed" by an unauthor- q.
lied person. nor that it was ''tampered with
and changed by the census taker, fraudulently
or corruptly, with view Of preventing the falr
expression and choice of the legal voters OF
Stanton County.
The report of the census taker for Stanton
County is hereby approved, and proclamation OK
the organization OF Stanton County, in accord
ance Herewith, will be made.
JOHN A MARTIN, Governor:
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